Cain v. Transocean Offshore USA, Inc., 5th Cir. Mar. 13, 2008
05-30963 Cain v. Transocean Offshore USA, Inc.
Before KING, GARZA, and OWEN, Circuit Judges.
KING, Circuit Judge: This case requires us to consider the continued viability of our longstanding precedent holding that a watercraft under construction is not a “vessel in navigation” for purposes of the Jones Act. We hold that the Supreme Court’s decision in Stewart v. Dutra Construction Co., 543 U.S. 481 (2005), has not effectively overruled that precedent because the decision did not concern or address the point at which a vessel-to-be actually becomes a vessel. We therefore REVERSE the district court’s denial of summary judgment and REMAND for further proceedings. … Cain v. Transocean Offshore USA, Inc.
